Bosnia and Herzegovina

Cluster Munition Ban Policy

Last updated: 31 July 2015

Five-Year Review:State Party Bosnia and Herzegovina (BiH) ratified the convention on 7 September 2010. It views its ratification law as sufficient to ensure implementation of the convention’s provisions. BiH has participated in every Meeting of States Parties of the convention and has elaborated its views on important issues relating to the interpretation and implementation of the convention.

During the 1992–1995 war, Yugoslav forces and non-state armed groups used cluster munitions. BiH has acknowledged past production of cluster munitions. In 2011 and 2012, BiH completed the destruction of a stockpile of 445 cluster munitions and 148,059 submunitions.

Policy

Bosnia and Herzegovina signed the Convention on Cluster Munitions on 3 December 2008, ratified on 7 September 2010, and the convention entered into force for the country on 1 March 2011.

BiH has declared its ratification law under national implementation measures for the Convention on Cluster Munitions.[1] In September 2013, it stated that, “all the necessary legislation is in place.”[2]

BiH submitted its initial Article 7 report for the Convention on Cluster Munitions on 20 August 2011 and has provided annual updated reports ever since, most recently in June 2015.[3]

BiH actively participated throughout the Oslo Process that created the Convention on Cluster Munitions, making strong contributions based on its experience as a country affected by cluster munitions and declaring a national moratorium on cluster munition use prior to the conclusion of the process.[4]

BiH engages in the work of the Convention on Cluster Munitions. It has participated in every Meeting of States Parties of the convention, including the Fifth Meeting of States Parties in San Jose, Cost Rica in September 2014, where it made statements on clearance. BiH has attended all of the convention’s intersessional meetings in Geneva. BiH has participated in regional workshops on the convention and attended a mine action symposium in Biograd, Croatia on 27–29 April 2015, which included discussion on cluster munitions.[5] BiH served as the convention’s coordinator on victim assistance in 2012–2013 together with Afghanistan.

BiH has voted in favor of UN General Assembly (UNGA) resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[6]

Interpretive issues

In July 2011, the director of the department of conventional weapons of the Ministry of Foreign Affairs elaborated the ministry’s views on a number of issues important for the interpretation and implementation of the convention. On the prohibition on assistance with prohibited acts during joint military operations or “interoperability,” the Ministry of Foreign Affairs stated that “under the same Article 21, para 3, we may engage in joint military operations with non-states Parties that might engage in activities prohibited by the Convention, however our personnel or nationals should not provide assistance with activities prohibited by the Convention.”[7]

The Ministry of Foreign Affairs states that the “transit of cluster munitions across, or foreign stockpiling of cluster munitions on, the national territory of States Parties is prohibited by the Convention.”[8] The ministry, however, noted that it does not have “access to or information on weapon types” stockpiled in European Union Force (EUFOR) military bases “on our territory.”[9] In May 2013, a Ministry of Defense official said the ministry has not inquired about the status of any foreign cluster munitions stored on EUFOR military bases in BiH.[10]

The Ministry of Foreign Affairs has also stated that it considers “investment in the production of cluster munitions to be prohibited.”[11]

BiH is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Use, production, and transfer

Yugoslav forces and non-state armed groups used available stocks of cluster munitions during the 1992–1995 war. The various entity armies inherited cluster munitions during the break-up of the Socialist Federal Republic of Yugoslavia.

In its initial Article 7 report, BiH declared, “There are no production facilities for CM [Cluster Munitions] in Bosnia and Herzegovina.”[12]

BiH has acknowledged past production of cluster munitions and first stated in 2007 that production had ceased.[13] It produced KB-1 and KB-2 submunitions for the Orkan multi-barrel rocket system, artillery projectiles, and mortar bombs.[14] The production capacity included the ability to manufacture KB-series submunitions and integrate them into carrier munitions such as artillery projectiles and rockets.[15] According to Jane’s Information Group, the Ministry of Defense produced the 262mm M-87 Orkan rocket, each containing 288 KB-1 dual-purpose submunitions.[16] It also lists BiH armed forces as possessing KPT-150 dispensers (which deploy submunitions) for aircraft.[17]

Stockpile destruction

BiH once possessed a stockpile of 445 cluster munitions of three types and 148,059 submunitions, as listed in the following table.

Under Article 3 of the Convention on Cluster Munitions, BiH was required to destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but not later than 1 March 2019.

In September 2012, BiH announced that the completion of its destruction of “all known and reported stocks of cluster munitions in 2011” and declared that it has “fulfilled all obligations relating to Article 3” of the Convention on Cluster Munitions.[19]

A total of 441 cluster munitions and 147,967 submunitions were destroyed in 2011, while 16,128 KB1 submunitions from M-87 Orkan 262mm rockets were destroyed in 2012,[20] along with four M-93 120mm mortar bombs containing 92 submunitions discovered after the 2011 stockpile destruction.[21] In 2014, the Ministry of Defense informed Landmine Survivors Initiatives that it destroyed the four bombs and their submunitions by open detonation.[22]

In June 2015, BiH reported the destruction of 341 KB-1 submunitions on 16 April 2014 at Pretis in Vogosca.[23] It reported the discovery of the KB-1 submunitions in Pretis as well as four KB-2 submunitions in Krupa, Hadzici in the 2013 and June 2014 Article 7 reports.[24] On 17 June 2014, a cache of 114 KB-2 submunitions was found behind a house near Sarajevo.[25] According to the Federal Civil Protection the submunitions were taken to Lapov Do in Koniic municipality and destroyed the same day.[26]

Retention

BiH is not retaining any cluster munitions for research or training purposes.[27]

[1] The 2011 report cited Parliamentary Decision 514/10 of 28 May 2010 and the BiH Presidential Decision of 17 June 2010 approving ratification of the Convention on Cluster Munitions. Convention on Cluster Munitions Article 7 Report, Form A, 20 August 2011. Subsequent Article 7 reports have indicated no change to the national implementation measures declared in 2011.

[3] The Article 7 reports submitted by BiH cover annual periods and were submitted on 20 August 2011 (for calendar year 2010), 4 May 2012 (for calendar year 2011), in November 2013 (for calendar year 2012), on 13 June 2014 (for calendar year 2013), and in June 2015 (for calendar year 2014).

[5] The workshop was organized by the Regional Arms Control Verification and Implementation Assistance Centre (RACVIAC) Centre for Security Cooperation in Southeast Europe and the government of Croatia’s Office for Demining and Croatian Mine Action Centre (CROMAC).

[7] Email from Anesa Kundurovic, Ministry of Foreign Affairs, 14 July 2011. Anesa Kundurovic noted that the views expressed to the Monitor “represent the position of MFA [Ministry of Foreign Affairs] and may or may not differ from the interpretation of other relevant institutions, including but not limiting [sic] to the Ministry of Defence, Armed Forces, etc.”

[8] In addition, the ministry noted, “in accordance with Article 3, paragraphs 6 and 7 of the Convention transfer is allowed only in exceptional cases” such as “for the purpose of destruction or for example, for the purpose of development of cluster munition countermeasures.” Email from Anesa Kundurovic, Ministry of Foreign Affairs, 14 July 2011.

[21]Statement of BiH, Convention on Cluster Munitions Intersessional Meetings, Geneva, 18 April 2012. In May 2013, the Ministry of Defense informed the CMC that the destruction was approved, but the cluster munitions had not been destroyed yet. Email to Landmine Survivors Initiatives from the BiH Ministry of Defense, 17 May 2013.

[22] Letter to Landmine Survivors Initiatives from the Ministry of Defense, 3 April 2014. BiH did not declare destruction of the munitions in its 2014 Article 7 report, which covers activities in calendar year 2013. See, Convention on Cluster Munitions Article 7 Report, Form B, dated April 2014 but submitted 13 June 2014. The Ministry of Defense subsequently confirmed that four M-93 120 mm mortar bombs were destroyed on 1 April 2014 by open detonation at the Glamoc polygon. Letter to Landmine Survivors Initiatives from the Ministry of Defense, 24 July 2014.

[24] Convention on Cluster Munitions Article 7 Reports, Form B, dated April 2013 but submitted in November 2013. On 9 April 2014, the Ministry of Foreign Trade and Economic Relations stated the munitions are under its jurisdiction and would be destroyed. Letter to Landmine Survivors Initiatives from the Ministry of Foreign Trade and Economic Relations, 9 April 2014.

[27] It declared that the “Ministry of Defense and Armed Forces of Bosnia and Herzegovina are not planning to keep in possession the cluster munitions that will be intended for the purpose of training and education.” Convention on Cluster Munitions Article 7 Reports, Form C, 20 August 2011, and 4 May 2012. In 2013, it reported 20 KB-1 submunitions had been retained by Norwegian People’s Aid (NPA) for mine detection dog training purposes. Convention on Cluster Munitions Article 7 Report, Form C, November 2013. According to NPA, 30 inert KB1 submunitions—which have no fuzes—have been retained for training mine detection dogs. Email from NPA, 17 June 2014.

Mine Ban Policy

Last updated: 02 November 2011

Commitment to the Mine Ban Treaty

Mine Ban Treaty status

State Party

National implementation measures

Amended criminal code in December 2004 to apply penal sanctions for treaty violations

Transparency reporting

2010

Policy

Bosnia and Herzegovina (BiH)[1] signed the Mine Ban Treaty on 3 December 1997 and ratified it on 8 September 1998, becoming a State Party on 1 March 1999. On 29 December 2004, parliament approved a law amending the criminal code to apply penal sanctions for violations of the treaty.[2]

BiH attended the Tenth Meeting of States Parties to the Mine Ban Treaty in Geneva in November–December 2010, where it made a statement on its progress since being granted a mine clearance deadline extension and a statement on victim assistance. BiH also attended the intersessional Standing Committee meetings in Geneva in June 2011, making statements on victim assistance, as well as providing an update on mine clearance.

BiH is party to the Convention on Cluster Munitions. BiH is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines. It submitted an annual report as required by Article 13 in 2009. BiH is also party to Protocol V on explosive remnants of war.

Production, transfer, illegal stores, and use

BiH has stated that production of antipersonnel mines ceased by 1995.[4] It has reported on the conversion of production facilities.[5] BiH is not known to have exported antipersonnel mines.

In past years, authorities on numerous occasions found illegal stores of mines, but none have been explicitly reported since 2006.[6] In addition, nearly 40,000 mines were collected from the population under Operation Harvest until 2006.[7]

After BiH joined the treaty, the Monitor noted several cases of mine use in criminal activities, but no such incidents have been reported since 2003.[8]

Stockpile destruction and retention

BiH declared completion of its antipersonnel mine stockpile destruction program in November 1999, with a total of 460,727 mines destroyed.[9] This number has been amended annually since 2003, increasing each year to a total of 513,844 mines in BiH’s Article 7 report covering calendar year 2010.[10] No explanation has been given by BiH for these changes. Presumably, they result from newly discovered stocks, mines turned in by the population, or illegal mines seized from criminal elements.[11]

In September 2006, BiH reported that it had discovered more than 15,000 MRUD (Claymore-type) directional fragmentation mines during inspections of weapon storage sites.[12] It said that although the mines were not specifically prohibited by the Mine Ban Treaty, BiH had made a decision to destroy the mines for humanitarian reasons as well as to show its commitment to the aims of the treaty.[13] BiH reported that, as of April 2007, about 5,000 mines had been destroyed, with the intention to complete destruction in May 2007, but it has not provided information on completion.[14]

Mines retained for research and training

At the end of 2010, BiH retained 1,962 antipersonnel mines for training purposes, as well as 23 MRUD.[15] BiH’s Article 7 reports submitted in 2008, 2009, 2010, and 2011 have indicated that all of the retained antipersonnel mines are fuzeless.[16]

The total number of mines retained at the end of 2010 indicates a decrease of 268 mines and two MRUD from the number reported at the end of 2009.[17] BiH had reported increases in the number of mines retained in 2006, 2007, and 2008.[18] The number of MRUD reported as retained has decreased each year since 2006.[19] BiH has not given any explanation for the increases, decreases, or overall inconsistencies in its reporting on the number of retained mines over the last several years.

Of the 1,962 antipersonnel mines (other than MRUD) reported as retained at the end of 2010, 877 are held by demining agencies, 557 by the BiH Mine Detection Dog Center (MDDC), 330 by the BiH Mine Action Center (BHMAC), 125 by the BiH Armed Forces, three by the RS Civil Protection Agency, and 70 by the FBiH Civil Protection Agency.[20]

BiH has stated that its retained mines are used for training mine detection dogs.[21] While providing more information about its retained mines, BiH has still provided few details on the intended purposes and actual uses of these mines, and has failed to use expanded Form D on retained mines with its annual transparency reports, as agreed by States Parties in 2004.

[1] BiH is an independent state, but under international administration. The 1995 Dayton peace accord set up two separate entities: a Bosniak-Croat Federation of Bosnia and Herzegovina (FBiH), and the Bosnian Serb Republic (Republika Srpska, RS), each with its own president, government, parliament, police, and other bodies. Overarching these entities is a central government and rotating presidency. In addition, the district of Brčko is a self-governing administrative unit, established as a neutral area placed under joint Bosniak, Croat, and Serb authority.

[2] “Law on Amendments to the Criminal Code of Bosnia and Herzegovina,” Official Gazette, No. 61/04. Article 193a forbids the development, production, storage, transportation, offer for sale or purchase of antipersonnel mines. The penalty for such offenses is between one and 10 years’ imprisonment.

[3] Previous reports were submitted 10 May 2010 (for calendar year 2009) in 2009 (for calendar year 2008), 2008 (for calendar year 2007), April 2007, 30 May 2006, 6 May 2005, 17 May 2004, 1 April 2003, 20 May 2002, 1 September 2001, and 1 February 2000.

[4] Interview with members of the Demining Commission, Sarajevo, 30 January 2003. BiH inherited the mine production facilities of the Socialist Federal Republic of Yugoslavia in Bugojno, Goražde, Konjic, and Vogošc.

[6] The Dayton peace accord allows international military forces to search for and collect illegally held weapons, including mines. For more details, see Landmine Monitor Report 2007, p. 183.

[7] Operation Harvest began as a Stabilisation Force (SFOR) initiative in 1998 to collect unregistered weapons from private holdings under amnesty conditions. From 1998 to late 2006, about 38,500 landmines were collected. The European Force (EUFOR), which took over from SFOR in December 2004, has not conducted any Operation Harvest arms collection activities since 2006, but retains the right to do so. For more details, see Landmine Monitor Report 2007, p. 183.

[9] Mine Ban Treaty Article 7 Report, Form G, 1 February 2000. Destruction was carried out at various locations by the two entity armies with SFOR assistance. The stockpile consisted of 19 types of mines.

[10] Mine Ban Treaty Article 7 Report, Form G, (undated, covers calendar year 2010). The number was amended in previous years to 460,925 for year 2003, to 461,634 for year 2004, to 462,351 for year 2005, to 463,198 for year 2006, 463,489 for year 2007, and to 463,921 for year 2008, and 464,267 for year 2009. See Form G of Article 7 reports submitted each year.

[11] In 2003, SFOR found very large additional quantities of antipersonnel mines among old munitions, after the entity armies requested assistance with downsizing military storage sites and dealing with old munitions in storage. An SFOR publication reported that several hundred thousand antipersonnel mines were awaiting destruction at these sites. By March 2004, 2,574 antipersonnel mines, 31,920 antivehicle mines, and 302,832 detonators had been destroyed. The Monitor has been unable to obtain updated information on further destruction or new discoveries at storage sites of antipersonnel mines. The BiH government has not formally reported the existence of these newly discovered stocks of antipersonnel mines, has not provided details on numbers and types of mines, and has not made known the timetable for destruction of the mines. See Landmine Monitor Report 2006, p. 202.

[13] BiH stated that the mines are “designed to be used with an electrical initiation system,” and therefore are not considered antipersonnel mines under the Mine Ban Treaty. However, it also noted that “since they are not adapted to ensure command-detonation, MRUD mines can be technically considered as anti-personnel mines.” Statement by Amira Arifovic-Harms, Counselor, Ministry of Foreign Affairs, Seventh Meeting of States Parties, Geneva, 20 September 2006. Use of Claymore-type mines in command-detonated mode is permitted under the Mine Ban Treaty, but use in victim-activated mode (with a tripwire) is prohibited.

[14] In April 2007, BiH indicated that of the 15,269 MRUD mines, 14,701 mines would be destroyed by mid-May 2007, 396 were transferred to EUFOR for training, 20 were donated to Germany, and two were destroyed immediately. BiH intended to retain about 150 mines for training. The 14,701 mines were transported to a workshop in Doboj, and by mid-April 2007, about 5,000 had been destroyed. Mine Ban Treaty Article 7 Report, Form J, April 2007.

[16] See Form B of Mine Ban Treaty Article 7 reports submitted in 2011, 2010, 2009, and 2008. In its Article 7 report submitted in April 2007, BiH did not state that any of the retained mines were fuzeless, while its report submitted on 30 May 2006 stated that 876 retained mines were fuzeless and 1,299 were active. BiH has not explained these changes.

[17] The number of some types of mines has increased, while the number of other types has decreased. BiH did not provide an explanation for these changes. There was a decrease of 61 ROB, two PMA-1, and four PMR-2A mines, and an increase of seven PMA-2, 14 PMA-3, eight PROM-1, and three PMR-2 mines compared to the totals reported retained at the end of 2008. No PMR-2 mines were reported to be retained in 2008.

[18] The number of antipersonnel mines retained by BiH increased each year from 1,550 mines at the end of 2006, to 1,619 mines at the end of 2007, to 2,274 mines at the end of 2008. See Form D of the Article 7 reports submitted in 2007, 2008, and 2009. See also Landmine Monitor Report 2009, p. 206, for comparative detail.

[19] BiH has reported a decrease in the number of MRUD retained, from 158 at the end of 2006, to 157 at the end of 2007, to 116 at the end of 2008, to 16 at the end of 2009 14 at the end of 2010. See Form D of the Article 7 reports submitted in 2007, 2008, 2009, 2010 and 2011.

[20] Mine Ban Treaty Article 7 Report (for calendar year 2010), Form D. A comparison of the Article 7 reports for years 2009 and 2010 indicates that antipersonnel mines, other than MRUD, held by demining operators decreased by 69 in 2010 (mines held by the Canadian International Demining Corps decreased by 38 PMA-1 mines, 12 PMA-3 mines, 28 PMR-2A mines, increased 23 PMA-2 mines and six PROM-1 mines; mines held by Norwegian People’s Aid increased by three PMA-1 mines, 18 PMA-2 mines, 17 PMA-3 mines, 21 PMR-2A mines, and decreased 10 PMR RP mines; mines held by FBiH Civil Protection Agency decreased by 10 PMA-2 and 10 PMA-3 mines and one PROM-1 mine, and increased 28 PMR-2A mines (from zero); mines held by BHMAC decreased by one PMA-1 mine, ECO-DEM held 35 antipersonnel mines (increase from zero); and the number of mines held by MDDC, RS Civil Protection Agency, and the BiH Armed Forces, Stop Mines, UXB-Balkans, Demira, Provita and BH Demining remained unchanged. No PMR-RP mines were reported to be retained by any organization in 2010.

As of the end of 2015, Bosnia and Herzegovina (BiH) had 1,149km2 of suspected hazardous area (SHA) and was contaminated by antipersonnel mines with 23km2 of confirmed hazardous area (CHA).[1] In 2015, BiH released 1.64km2 by clearance and 8.39km2 by technical survey. A further 16.17km2 was canceled. The European Union (EU) pilot project on land release continued in 2015, and national standards were developed on land release, technical survey, and non-technical survey (NTS).

BiH is contaminated by cluster munition remnants. There are 0.85km2 of CHA and 7.3km2 of SHA. Sixty communities across seven cantons are affected. In 2015, a total of 0.23km2 of cluster munition-contaminated area was released by clearance while 0.76km2 was reduced by technical survey. A further 0.47km2 was canceled by NTS.

Recommendations for action

BiH should implement the recommendations of the UN Development Programme’s (UNDP) Mine Action Governance and Management Assessment.[2] In particular, BiH should continue reforming the governance and management of its mine action program, empowering the Demining Commission to provide political leadership, root out corruption, and begin consultations with a wide range of local and international stakeholders on a new mine action law.

BiH should review, adopt, and operationalize new evidence-based methods of land release for mined areas and cluster munition remnants, to more accurately delineate areas of confirmed contamination, and cancel or reduce areas where evidence of mines is lacking.

BiH should conduct a high-level effort to seek new local, national, and international sources of funding.

BiH should update its completion plan for mine survey and clearance, based on the findings of the 2015 revision of the mine action strategy and latest available information.

The BiH Mine Action Center (BHMAC) should ensure it reports more accurately and consistently on land release data (disaggregated by method of release), as well as on mined areas, including using the terms CHA and SHA in a manner consistent with the International Mine Action Standards (IMAS).

BiH should accelerate clearance of cluster munition remnants to fulfil its Article 4 obligations as soon as possible, as required by the Convention on Cluster Munitions.

BiH should develop a strategic plan for the release of areas confirmed or suspected to contain cluster munition remnants.

The demining capabilities of the BiH armed forces and the Federal Administration of Civil Protection should be enhanced by the provision of new equipment and training.

BiH is heavily contaminated with mines and explosive remnants of war (ERW), including cluster munition remnants, primarily as a result of the 1992–1995 conflict related to the break-up of the Socialist Federal Republic of Yugoslavia.[3]

Mine Contamination

Most minefields are in the zone of separation, 1,100km long and up to 4km wide, between BiH’s two political entities—the Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS). Twenty years after the end of the conflicts, BiH is still the most heavily mined country in Europe and one of the top 10 in terms of extent of contamination in the world.

BiH has reported different figures for its estimate of mine contamination as of the end of 2015.[4] In both its Mine Ban Treaty Article 7 transparency report and Convention on Conventional Weapons (CCW) Protocol V Article 10 Report, it refers to 1,149km2 of SHA (approximately 2.3% of its territory).[5] However, two different figures are provided for size of CHAs. The BHMAC reported 23km2 of CHA, whereas the Mine Ban Treaty Article 7 report details an estimated 300km2 of CHA, though it is unclear what this refers to.[6] An estimated 82,000 mines and items of UXO remain to be cleared.[7]

A 2015 UNDP evaluation reported that BHMAC is aware that not all of the SHA is actually mined, but “without more efficient non-technical survey and technical survey procedures the exact extent of the problem cannot be quantified.”[9]

BHMAC reported that a general assessment of mines across the country identified 1,369 affected communities, threatening the safety of 517,238 inhabitants, some 15% of the total population of BiH.[10] Of the total SHA, 62% is forested, 26% agricultural land, and 12% infrastructure.[11] Mine contamination is said also to obstruct the return of refugees and the displaced; impede rehabilitation and development of utility infrastructure; and prevent free movement between communities, especially on the administrative line between the entities.[12]

The fertile agricultural belt in the Posavina region, along with the Doboj region, has the most heavily contaminated areas.[13] However, according to BHMAC, most mine incidents now occur in forested areas.[14] In 2015, only one mine-related accident was recorded, resulting in a fatality.[15]

BHMAC confirmed that while border crossings in BiH are safe from the threat of mines, there may be a threat in the vicinity of some of the crossings, but these areas are fully marked with warning signs.[16] BHMAC cited the potential movement of refugees in the vicinity of non-legal border lines as a challenge in 2015, due to the proximity of SHAs.[17]

BiH was severely affected by the Balkan flood disaster in May 2014, which reminded the international and local community of the task of mine clearance that still remains in BiH, and emphasized the need to push for a non-stagnated mine action sector.[18] The EU’s 2014 Flood Recovery Needs Assessment for BiH found that while minimal mine mitigation was needed compared to that expected, mines and UXO remain a risk in human, economic, and social terms and should be addressed as a priority.[19] The EU needs assessment recommended that BHMAC consider the possibility that landslides may have buried landmines deeper than the 10cm to 20cm currently investigated in clearance efforts.[20] The assessment identified key priorities and tasks for mine action to aid the recovery.[21]

Cluster Munition Contamination

At the end of 2015, BiH had 25 areas covering a total of 0.85km2 confirmed to contain cluster munition remnants, while a further 294 areas over 7.3km2 were suspected to contain cluster munition remnants (see the table below).[22] This compares to reported contamination at end of 2014, of 17 CHAs over a total of 0.78km2, and 400 SHAs over 8.76km2.[23]

The contamination figures in the above table differ from those reported in BiH’s latest Convention on Cluster Munitions Article 7 transparency report, which claimed 7.3km2 was the total of all contamination. No reference is made to the 0.85km2 of confirmed area reported separately by BHMAC.[25] Of the total suspected cluster munition contamination, 4.3km2 is also suspected to be contaminated with antipersonnel mines.[26]

Contamination by cluster munition remnants dates back to 1992–1995,[27] the result of the conflicts related to the break-up of the Socialist Federal Republic of Yugoslavia.

BiH stated it had released 6.92km2 of hazardous area in 2012–2015, reducing suspected cluster munition contamination from 14.6km2 to 7.69km2, an overall reduction of 47%. Approximately half (3.65km2) was released through technical survey or clearance in 44 separate tasks. In operational activities, 1,406 submunitions and 53 other explosive remnants of war (ERW) were found and destroyed.[28]

Contamination by cluster munition remnants in BiH is a humanitarian risk, impeding access to natural resources and posing an obstacle to rehabilitation and development of infrastructure.[29] Sixty communities have been identified as affected with cluster munition remnants, of which 31 are also affected by mines.[30] According to BHMAC’s records, the last submunition casualties occurred in 2009.[31]

Program Management

The Demining Commission, under the BiH Ministry of Civil Affairs, supervises the state-wide BHMAC and represents BiH in its relations with the international community on mine-related issues.[32] The Demining Commission is composed of representatives from three ministries (civil affairs, security, and foreign trade and economic affairs) elected from the three constituent peoples of BiH and representing BiH’s three majority ethnic groups (Bosniaks, Croats, and Serbs).[33] Whereas the Minister for Civil Affairs remains ultimately responsible for mine action, the Demining Commission represents the strategic body responsible for setting mine action policy.[34]

BHMAC, established by a 2002 Decree of the Council of Ministers, is responsible for regulating mine action and implementing BiH’s demining plan, including accreditation of all mine action organizations.[35] BHMAC operates from its headquarters in Sarajevo, and through two main offices in Sarajevo and Banja Luka, and eight regional offices (Banja Luka, Bihać, Brčko, Mostar, Pale, Sarajevo, Travnik, and Tuzla).[36] A 2015 UNDP evaluation concluded that BHMAC was “doing a good job in operational management and in introducing new and more efficient procedures,” and was carrying out its core activities “effectively, despite not being fully funded.”[37] Prior to 2015, BHMAC’s governance and management had come under strong criticism (see 2015’s country profile), but major reforms are being implemented and an acting director of BHMAC was appointed on 22 September 2015 by the Council of Ministers of BiH, who will serve until the formal appointment of a new director.[38]

The UNDP supports and advises BiH Mine Action Management (the Minister of Civil Affairs, the Demining Commission, and BHMAC) on mine action issues, including facilitating ongoing liaison with the commission, BHMAC, and donors, in its capacity as co-chair of the Board of Donors. The UNDP also supports monitoring of implementation of the mine action strategy, including revisions, action plans, and evaluations of the strategy revision. It also supports implementation of some of the operational objectives of the revised strategy, such as supporting management of land release, and building the capacity of BHMAC to apply good governance principles in its management of mine action.[39]

Strategic planning

The BiH Mine Action Strategy for 2009–2019 guides mine action in BiH, but the original document does not mention clearance of cluster munition remnants. BHMAC conducted the first of three planned revisions of the strategy in 2012–2013.[40] The 2012 revision did refer to cluster munition remnants clearance,[41] but the revision was not formally adopted by the Council of Ministers.[42] The second revision of the strategy was conducted in 2015,[43] in consultation with the Demining Commission and the UNDP, and was adopted by the Demining Commission in BiH.[44] According to BHMAC, its new operational plan in the 2015 revision, envisaged that over the next two or three years all organizations would transition to conform to the new land release methodology.[45] As of May 2016, the Demining Commission was due to report to the Council of Ministers regarding information from the analysis of the strategy.[46] The third revision of the strategy is due to take place in 2017.

Mine action prioritization and planning in BiH is based on socio-economic impact. However, a UNDP evaluation recommended that the system be reviewed to reflect changing circumstances as well to take account of the specific impact of particularly dangerous mines such as the PROM-1.[47]

BHMAC’s next general assessment was planned for 2015, in collaboration with the State Agency for Statistics. As of May 2016, however, BHMAC was waiting for the release of official census data to update the assessment.[48] BHMAC expects the assessment, which will determine high-, medium-, and low-impact SHAs, to be mainly statistical, though some data will be gathered from local communities, coordinated by the eight BHMAC regional offices.[49]

Legislation and standards

A new draft demining law, which was first submitted to parliament in 2010, has not received approval from the Council of Ministers,[50] after which it must be sent for parliamentary approval. As of May 2016, the Ministry of Civil Affairs was reportedly working on amendments and annexes in the demining legislation.[51] The UNDP has highlighted the need for the existing draft to be amended to ensure a strategic management body exists for mine action; that BiH national standards on land release are referenced; and that no technical issues impede land release. The UNDP has also asserted that any new law should have a public consultation stage before being adopted.[52]

A BHMAC official acknowledged that the lack of a new legal framework has contributed to BiH’s repeated failure to meet its funding targets under its own mine action strategy.[53] Nevertheless, the UNDP 2015 evaluation stated that though a more robust legal framework for mine action in BiH would be welcome, the current demining law is adequate to enable mine action activities to be implemented effectively.[54]

In December 2012, having recognized the need for more efficient land release in BiH, the EU, with pre-accession funding, started a pilot “Land Release” project with BHMAC.[55] As part of this project, and by order of the Demining Commission, BHMAC developed three new chapters of its mine action standards in 2014 and 2015—on land release, NTS, and technical survey—in accordance with IMAS.[56] The new national standard chapters were drafted in cooperation with the UNDP and the Geneva International Centre for Humanitarian Demining (GICHD).[57] After public debate and feedback from demining organizations and other mine action stakeholders, the three new chapters were adopted by the Demining Commission on 27 January 2016.[58]

However, as of June 2016, revision of the corresponding land release standards for cluster munition remnants was still ongoing.[59] BHMAC also adopted a new standard operating procedure (SOP) for NTS of areas suspected to contain cluster munition remnants, based on Norwegian People’s Aid (NPA)’s SOPs.[60] In addition, rules and regulations were adopted for accreditation of organizations for technical survey and clearance of cluster munition remnants.[61]

Quality management

The 2015 UNDP evaluation found that BHMAC’s quality assurance (QA) of demining activities functions well, but warned that as new methods of land release are implemented, QA teams would need to adapt to ensure the quality of the new procedures. The UNDP evaluation also recommended that BHMAC develop effective quality management mechanisms for the whole organization to make processes more efficient and transparent.[62]

Operators

As of the end of 2015, 26 organizations were accredited for mine action in BiH, comprising five government organizations, nine commercial companies (seven national and two international), and 12 NGOs (10 national and two international).[63] However, only 17 of the 26 conducted demining operations in 2015. Three organizations conducted cluster munition remnants survey and clearance: NPA, the Federal Administration of Civil Protection (FACP), and the BiH armed forces.[64] BHMAC did not anticipate any change in clearance capacity in 2016.[65]

The governmental operators—Civil Protection teams and the BiH armed forces’ Demining Battalion—constitute about 60% of the real available operational capacity in BiH, though their total output in terms of land released by clearance and technical survey is proportionately much less.[66] The general view is that the armed forces and civil protection are both good partners and have effective demining capacities, but have suffered from a lack of real investment, and are slower than other operators due to logistical reasons and equipment deficits.[67] The 2015 UN assessment recommended that BHMAC involve the armed forces and civil protection teams more in conducting NTS, technical survey, and clearance tasks, as part of the land release process.[68]

Since 2010, NPA has increasingly focused on building the capacity of the Demining Battalion.[69] This involves transfer of knowledge through operational planning of clearance and technical survey operations; direct operational support; and provision of mine detection dogs (MDDs) and equipment, among other things.[70] NPA’s own strategic plan foresaw withdrawal from BiH mine action in March 2015. However, given the slow progress of clearance in BiH and the impact of the floods, NPA maintained a similar level of capacity in 2015 as in 2014.[71]

Handicap International (HI) had ended its mine action activities in BiH at the end of 2012 and had closed down its office by March 2013. HI withdrew from BiH as part of an effort to focus on countries with lower human development indices. In 2014, however, following the floods, HI partnered with local organizations in Bratunac, Doboi, Kalesija, Maglai, Olovo, Zavidovici, Zepce, and Zvornik to conduct risk education and aid the process of “mapping contamination and marking or re-marking dangerous areas.”[72]

Clearance operators in BiH are not independently funded; instead they compete for international tenders. The UNDP evaluation suggested that this left much capacity underused and recommended alternative contracting models more appropriate for land release (either by having longer term contracts or being contracted for the clearance of larger areas), which could be more attractive to the demining organizations in terms of security and could also make best use of capacity in the long run.[73]

According to the 2015 UNDP evaluation, operators regret the absence of technical working group fora chaired by BHMAC to discuss technical issues and would like to see those fora revived.[74]

Land Release (Mines)

In 2015, BiH released 1.64km2 by clearance and 8.39km2 by technical survey. A further 16.17km2 was canceled. This is less than in 2014, when 1.9km2 was cleared, 10km2 reduced by technical survey, and 30km2 canceled by NTS.

Survey in 2015 (mines)

In 2015, 8.39km2 was reduced by technical survey, 16.17km2 was canceled by NTS, and 1.21km2 was confirmed as mined (see table below).[75] Only BHMAC, with the assistance of an NPA non-technical survey team seconded to it, canceled SHAs and confirmed mined areas in 2015.

In 2015, mine clearance operations in BiH were conducted by the armed forces, the civil protection of FBIH, and the civil protection of RS, and fifteen other clearance organizations (see table below).[77] More than half of the organizations engaged in small tasks, clearing a total of less than 100,000m2 each during the year.

Overall, a total of 1.64km2 was cleared in 2015,[78] less than the 1.85km2 cleared in 2014,[79] and well below the 2009–2019 mine action strategy target of 9.27km2.

Clearance operations in BiH include mechanical preparation of land, and the use of MDDs and manual clearance depending on the geographical conditions.[81] NPA is deploying MDDs in up to 70% of processed areas that have undergone clearance and traditional technical survey operations with previous mechanical ground preparation. Manual methods are only used on areas where the application of other methods is not possible due to the nature of the terrain or vegetation.[82]

One of the key developments that NPA reported in its clearance operations in 2015 was the implementation of a pilot project of targeted technical survey over suspected mined areas, in coordination with BHMAC. The project, which was conducted in the municipality of Travnik, in the Middle Bosnia canton, included development of SOPs, and application and testing of new techniques, processes, and procedures for targeted technical survey.[83] It is hoped that this will increase efficiency of land release, and ensure improved assessment of mined areas, with limited need for full clearance. For SHAs with incorrect minefield records, traditional systematic technical survey typically required 20%–30% of the resources needed for full clearance, whereas targeted technical survey only required 1%–3%.[84]

In addition, in 2015, NPA also deployed new techniques in BiH, including the use of special detection dogs and observation and recording of the dogs using drones.[85]

Progress in 2016 (mines)

BHMAC envisaged that the land release project would treat 140km2 of area suspected to be contaminated with mines and ERW,[86] and estimated that the 10 pilot projects developed so far would release 53km2 in 2016.[87] In March 2016, the UNDP reported that the results of the pilot project to date show that continued application of this land release approach will greatly accelerate reduction and cancelation of SHA in BiH, and reduce costs.[88]

Land Release (Cluster Munition Remnants)

In 2015, a total of 0.23km2 of cluster munition-contaminated area was released by clearance while 0.76km2 was reduced by technical survey. A further 0.47km2 was canceled by NTS. This represents a slight decrease compared to 2014, when 0.26km2 was fully cleared, 1.07km2 was reduced by technical survey, and 0.41km2 was canceled by NTS.

Survey in 2015 (cluster munition remnants)

In 2015, NTS of areas suspected to contain cluster munition remnants was conducted by BHMAC and NPA teams seconded to BHMAC regional offices.[89] In addition, BHMAC, the armed forces, the FACP, and NPA all conducted technical survey.[90]

During survey operations, 82 SHAs totaling just under 0.47km2 of land were canceled by NTS while 0.76km2 was reduced by technical survey. Eight SHAs were confirmed as contaminated, totaling 0.27km2 (see the table below).[91]

During 2014, NPA implemented a pilot project using special detection dogs (SDDs) for technical survey and clearance of cluster munition-contaminated areas. According to NPA, the results of this project “gave important inputs for further definition of the process for using SDD in targeted TS in areas contaminated with cluster munition remnants.”[94] SOPs were subsequently drafted regarding the use of dogs in targeted technical survey over cluster munition-contaminated areas, which were awaiting BHMAC approval as of May 2016.[95] BHMAC was in the process of revising national standards to allow the use of dogs in targeted technical survey.[96]

Mine Ban Treaty Article 5 Compliance

Under Article 5 of the Mine Ban Treaty (and in accordance with the 10-year extension request granted by States Parties in 2008), BiH is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 March 2019. There is broad agreement in the BiH mine action community that BiH will not meet this deadline.[97]

In December 2015, BHMAC reported that releasing the remaining mined area by 2019 would largely depend on allocated funding, both local and international.[98] The Bosnian Minister of Civil Affairs warned in March 2016 that based on the current pace of demining, it would not be possible to implement the objectives set in the demining strategy by the deadline.[99]

Operationalization of BiH’s newly revised 2009–2019 strategy aims to ensure that all mine clearance operators adjust and conform to new land release methodology,[100] which is hoped will significantly increase land release output. In December 2015, BHMAC asserted that in the course of the next three years, around one-third of the remaining mine problem should be resolved.[101]

In 2015, as in all the years since it was granted the 10-year extension to its initial Article 5 deadline, BiH fell far short of its land release targets and, according to the UNDP evaluation, at current rates of output, it may take several decades to clear BiH of mines.[103]

BHMAC reported that it would be able to provide a “more concrete” estimate of BiH’s ability to meet its Article 5 deadline after the 2015 strategy revision was completed.[104] However, in 2016, BHMAC reported that more detailed information about completion of clearance would be available at the end of 2017, after it had conducted the third revision of the mine action strategy.[105]

It is hoped that application of more efficient NTS and technical survey, as trialed in the EU Land Release pilot project, will help to determine more accurately the location and extent of actual contamination, and to release areas not contaminated. This methodology is the most time-efficient and cost-effective way to release mined areas.[106] Results of the pilot project so far show that: “By taking a large SHA (between 1 and 10km2) and applying rigorous and continual non-technical survey and technical survey, less than 1% of SHA had to be subjected to technical methods, resulting in huge savings in both time and cost on technical parts, which are always the most expensive activities.”[107]

In May 2016, BHMAC reported that analysis of the Mine Action Strategy 2009–2019, shows that BiH is currently 3.5 years behind in fulfilling its Article 5 obligations, due to lack of funding.[108]

A representative of the United States Department of State said that donor fatigue appears to be a large factor in BiH’s slow mine action progress, and argued that BiH requires financial resources from a larger pool of donors in order to achieve the targets outlined in its strategy.[109] The 2015 UNDP evaluation found that donors wanted to see more progress, were looking for an end date for assistance, and wanted more domestic responsibility. The slow pace of clearance has resulted in a lack of confidence in the mine action program from donors but also from people living in mine-affected communities, who felt disillusioned that the mines have not been cleared.[110]

Convention on Cluster Munitions Article 4 Compliance

Under Article 4 of the Convention on Cluster Munitions, BiH is required to destroy all cluster munition remnants in areas under its jurisdiction or control as soon as possible, but not later than 1 March 2021. It is on track to meet this deadline.

BHMAC has stated that it does not expect any obstacles in meeting its Article 4 deadline.[111] According to BHMAC, small-scale investments in equipment and training could significantly increase the capabilities of the FACP and the armed forces, and full use of available human and technical resources could enable BiH to meet its obligations under Article 4 by the end of 2017.[112] However, based on the status of current cluster munition remnants survey and clearance operations, BHMAC does not expect to meet its Article 4 obligations by the end of 2017.[113]

The 2012 Mine Action Strategy Revision had expected that BiH would “completely eliminate” all cluster munition-contaminated areas by 2015, a target that was missed.[114]

Note: * No cluster munition-contaminated area was cleared, but 59 submunitions from areas totaling 85,256m2 were cleared during mine clearance operations.

The Monitor gratefully acknowledges the contributions of the Mine Action Review supported and published by Norwegian People’s Aid (NPA), which conducted mine action research in 2016 and shared it with the Monitor. The Monitor is responsible for the findings presented online and in its print publications.

[33] The principle of organizing BiH state-level bodies along ethnic lines has come under increasing scrutiny following the 2009 judgment of the European Court of Human Rights in the Sejdić and Finci case that the rights of two Bosnians of Roma and Jewish descent had been violated by being denied the opportunity to run for high-level elected office because they were not of the major ethnic groups. European Court of Human Rights, Sejdić and Finci v. Bosnia and Herzegovina, Judgment, 22 December 2009; see also “The Sejdić-Finci question,” The Economist, 9 October 2013; and UNDP, “Draft Mine Action Governance and Management Assessment for BiH,” 13 May 2015, p. 22.

[76] Ibid.; Mine Ban Treaty Article 7 Report (for 2015), Form C; and CCW Protocol V Article 10 Report (for 2015), Form A. There was a small discrepancy between the 16.57km2 canceled in 2015, as reported in BiH’s Article 7 report, the 17.04km2 as reported in its CCW Protocol V report, and the 16.17km2 reported to Mine Action Review. Furthermore, there appears to be a discrepancy between the 40km2 of land BiH reported to have released between December 2014 and December 2015, at the Fourteenth Meeting of States Parties in December 2015.

[93] Ibid.; and Convention on Cluster Munitions Article 7 Report (for 2015), Form F. However, the number of submunitions reported as having been destroyed in its Article 7 report was 354, which is 122 more than the total reported by BHMAC.

[115] See Cluster Munition Monitor reports on clearance in Croatia covering 2011–2014 available on the Monitor website.

Support for Mine Action

Last updated: 13 December 2016

(Special note: This profile updated with new information after the publication of Landmine Monitor 2016.)

In 2015, the government of Bosnia and Herzegovina (BiH) contributed BAM19.5 million (US$13.2 million) to mine action, a 9% decrease compared to 2014.[1] Since 2011, BiH has contributed half of its total mine action budget.

In its Mine Ban Treaty Article 5 deadline Extension Request in 2008, BiH committed to providing BAM20.6 million (some $14 million) per year and raising another BAM45 million (approximately $30.5 million) in 2015 from other local sources.[2]

In 2015, international contributions toward mine action in BiH totaled $14.7 million, an increase of 70% from 2014. The largest contribution was from the European Union (EU) ($5.1 million) and the United States (US) ($3.6 million), with two additional countries—Germany and Norway—providing more than $1 million each.[3]

Seven donors—Canada, the Czech Republic, Germany, Japan, Slovenia, Turkey, and the Council of Europe Development Bank (CEB)—contributed a total of $2.8 million via the ITF Enhancing Human Security. This represents 19% of all international support to mine action in BiH.

Since 2011, international assistance to BiH has fluctuated greatly, reaching a high of $23.1 million in 2013 and a low of $8.7 million in 2014, while national contributions have been steadier.

The combined annual expenses fall far below the targets set in BiH’s Article 5 extension request that assessed funding needs from national and international sources combined at approximately BAM399 million ($271 million) over 2011–2015.[5]

Casualties and Victim Assistance

Last updated: 30 January 2017

Action points based on findings

More progress needs to be made to improve the quality and sustainability of services for survivors and other persons with disabilities, including by upgrading community-based rehabilitation (CBR) centers.

The national casualty database should be regularly updated as planned, and shared with appropriate actors and government authorities so that the data is used to improve victim assistance coordination and access to services for survivors and other persons with disabilities.

Address persistent discrimination based on the category of disability and make adequate assistance available to civilians with disabilities on an equal basis with others.

Victim assistance commitments

Bosnia and Herzegovina (BiH) is responsible for significant numbers of landmine survivors, cluster munition victims, and survivors of other explosive remnants of war (ERW) who are in need. BiH has made commitments to provide victim assistance through the Mine Ban Treaty and Convention on Conventional Weapons (CCW) Protocol V, and has victim assistance obligations under the Convention on Cluster Munitions.

BiH ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 12 March 2010.

8,358 mine/ERW casualties since 19921,735 mine/ERW casualties, including 604 people killed, since 1996

Casualties in 2015

1 (2014: 16)

2015 casualties by outcome

1 killed (2014: 6 killed; 10 injured)

2015 casualties by device type

1 antipersonnel landmine

Details and trends

In 2015, the Bosnia and Herzegovina Mine Action Center (BHMAC) reported one antipersonnel mine casualty. A civilian man was killed by a PROM-1 bounding mine while herding. Some 20 sheep were killed in the same incident.[2]

The 2015 casualty total represented a significant decrease from the 16 mine/ERW casualties BHMAC reported for 2014, including one deminer killed and another injured in one demining accident.[3]

Casualties continued to occur in 2016, with one deminer killed and three injured in March.[4]

For the period 1992–2015, BHMAC recorded a total of 8,358 mine/ERW casualties.[5] In 2015, BHMAC received 14 individual requests to check the status of records of mine casualties in its database; as a result, eight previously unrecorded casualties were entered into the database.[6] From 1996 to the end of 2015, BHMAC recorded 116 casualties among humanitarian deminers.[7]

Cluster munition casualties

No new or previous cluster munition casualties were reported in 2015. BiH reported having identified 225 cluster munition casualties according to preliminary data, out of which 44 civilians were killed and 181 were injured; while one deminer was killed and four were injured. The data is not disaggregated by age or sex.[8] At least 86 casualties during cluster munition strikes in 1995 were identified in BiH.[9]

Since 2014, BiH has reported that until the process of reforming an independent government body appropriate for all action encompassed by assistance for cluster munition victims is completed, BHMAC will be the body temporarily documenting information about the Convention on Cluster Munitions.[12] BHMAC is not authorized to monitor government activities in regard to the implementation of relevant legislation.[13] In 2015, the process of forming a working group for victim assistance and allocating a focal point under the convention on cluster munitions was “an ongoing operation.”[14] However, BiH also reported that there was a coordination meeting of the victim assistance working group in 2015, as well as several individual meetings in order to improve victim assistance.[15] Previous coordination through the Landmine Victim Assistance (LMVA) Working Group, hosted by BHMAC, had primarily consisted of information sharing by victim assistance actors.[16]

As of 2015, the problem of BiH defining a body responsible for the coordination of victim assistance issues had persisted for over a decade.[17]

In 2010 and 2011, the government focal point for victim assistance under the Convention on Cluster Munitions in BiH was within the Ministry of Foreign Affairs.[18] In 2012 through 2014, no such victim assistance focal point within the government was reported.[19] BiH also reported that in 2014, there were “continuous coordinating activities” between BHMAC and organizations working on victim assistance in BiH for the preparation of reporting about progress for the Mine Ban Treaty Third Review Conference in Maputo.[20]

The Victim Assistance Sub-Strategy 2009–2019 was revised in 2012 as the Victim Assistance Sub-Strategy 2014–2019.[21] There is no institution or body with a mandate to monitor the implementation of the sub-strategy.

BiH did not make a statement on victim assistance at the First Review Conference of the Convention on Cluster Munitions in September 2015 or the Mine Ban Treaty Fourteenth Meeting of States Parties in December 2015. BiH provided information on victim assistance in its Mine Ban Treaty and Convention on Cluster Munitions Article 7 reporting for calendar year 2015 and in its reporting for the CCW Amended Protocol II.[22] However it did not complete the specific victim assistance form (Form E a.) on steps to implement the relevant provisions of Article 8(2) taken by States Parties to the CCW Protocol V that have ERW victims.[23]

Participation and inclusion in victim assistance

Mine/ERW survivors and their representative organizations were included in the LMVA Working Group and survivors were included in the implementation of services through NGOs.

Fund for Professional Rehabilitation and Employment of Persons with Disabilities, Republika Srpska

Government

Employment and training

Fund for Professional Rehabilitation and Employment of Persons with Disabilities, Federation of BiH

Government

Employment and training

Amputee Association (Udruženje Amputiraca, UDAS)

National NGO

Social and economic inclusion, information services, and legal advice

Center for Development and Support (Centar za razvoj i podrsku, CRP)

National NGO

Socioeconomic reintegration

Eco Sport Group (Eko sport grupa)

National NGO

Water sports, psychological/physical rehabilitation, social integration

Landmine Survivors Initiatives (LSI)

National NGO

Closed in May 2016

Posavina With No Mines (Posavina Bez Mina)

National NGO

Economic inclusion

STOP Mines, Pale

National NGO

Economic inclusion

Hope 87

International NGO

Social inclusion; education and training

Miracles Center for Prosthesis and Care, Mostar

International NGO

Prosthetics and rehabilitation

After more than 18 years of continuous operation, the NGO “Landmine Survivors Initiatives” closed in May 2016 citing that it was “Unable to carry on with a demanding and comprehensive approach to empowerment of mine victims and other persons with disabilities.” Since starting in 1997 as a branch office of the US-based Landmine Survivors Network (later rebranded Survivor Corps), the operation in BiH had supported more than 3,100 mine survivors and families through income-generation activities, access rehabilitation, and other services including peer support.[25]

Medical care and rehabilitation

BiH has 63 community centers for mental and physical rehabilitation. The centers continued to provide services to mine/ERW survivors.[26] Health insurance covers the costs of basic prosthetic devices, but more needed to be done to address persisting differences in coverage of other rehabilitative costs, based on the origins and category of disability.[27]

While provision of orthopedic and other devices and assistive technology is mandated by law, the extent to which these entitlements can be accessed was severely limited, because the associated regulations had not been adopted, were excessively restrictive, or were not enforced. Similarly, there were no systematic provisions for training independent mobility for persons with disabilities, which has had a particularly negative impact on persons with more severe impairment.[28]

Economic and social inclusion

Despite an overall decrease in the availability of economic inclusion activities, a number of smaller local projects were implemented in 2015, as was reported in 2014.

Arbeiter-Samariter-Bund Deutschland (ASB) continued to socioeconomic opportunities for mine/ERW survivors through a business and empowerment project funded through the European Union’s Instrument for Pre-Accession Assistance (IPA).[29]

LSI carried out a project on best practice models for the employment of persons with disabilities and Stop Mines implemented a program of sustainable professional rehabilitation of for survivors in Republika Srpska.[30]

Laws and policies

BiH ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010, but has made little progress in implementing it.[31] NGOs also reported that in the period since BiH ratified the CRPD in 2010, “the state has yet to make concrete steps towards eliminating the discrimination against persons with disabilities.” Such discrimination still exists in both entities of the country, the Federation of BiH and Republika Srpska. Laws concerning the rights of persons with disabilities, including legislation regulating rights to healthcare and rehabilitation, labor and employment, social protection, and education, lack legal the mechanisms necessary for their implementation, which impeded their execution.[32] With regard to victim assistance, BiH reported that disability rights were relatively well regulated by legislation but was not actually implemented in practice.[33]

In 2016, the rights of many persons with disabilitieswere still not effectively protected, making this section of the population very vulnerable. The existing status-based approach to disability continued to result in significant financial inequalities among different categories and detracted from the financial sustainability of social protection.[34]

There was clear discrimination between different categories of persons with disabilities and entitlement to rights and benefits for persons with disabilities is still based on status, not on needs. The European Commission (EC) reported that as a result, persons with some categories of disabilities did not receive adequate benefits.[35] In 2015, no steps were taken to change the entitlement system to base it on needs.[36] In particular, persons with disabilities resulting from military service during the 1992–1995 conflict were given a privileged status above civilian war victims and persons who were born with disabilities or acquired impairments by other means.[37] The distinction between war veterans with disabilities, civilian victims of the war, and between those groups and other persons with disabilities was made at all levels and in all areas of BiH social protection structures.[38]

BiH has reported that “Bosnia and Herzegovina with its entities implements standard procedures related to care on persons with disabilities. In these government programs, cluster munitions victims are equal with other disabled people and they receive help that is regulated by legal acts of governmental institutions for this field. Discrimination in this matter does not exist.”[39]

Although legislation at all levels prohibits discrimination against persons with disabilities, in practice there was discrimination against persons with disabilities in all the areas of employment, education, access to healthcare, transportation, and the provision of other state services.[40]

Discrimination on the basis of disability was explicitly forbidden by the previous labor and employment laws in both entities, but new laws passed in 2015 no longer contain such provisions.[41]

In August 2016, amendments to the law on prohibition of discrimination were adopted to include disability (and age, sexual orientation, and gender identity) as grounds for discrimination.[42] In its initial reporting to the CRPD of 2012, BiH had reported that “The most important mechanism in protection from discrimination is the Law on Prohibition of Discrimination.”[43] However, the EC reported in 2015 that the anti-discrimination law still had not been amended to include disability as grounds for discrimination, “nor have its provisions been adequately reflected or transposed into labour law or higher education.”[44] The EC previously stated that persons with disabilities “are not adequately protected,” by anti-discrimination regulations at state, entity, or cantonal levels, or in the Brčko District.[45]

There is generally poor awareness of the necessity of applying accessibility standards throughout the whole system of designing, building, and supervising construction resulting in inaccessible buildings, with only partial access to some of the facilities. There were physical obstacles to access most institutions of primary healthcare in both urban and rural environments.[46] Architectural barriers remain a major problem in exercising any rights of persons with disabilities.[47]

BiH has legislation to ensure physical access to persons with disabilities. In the Federation of BiH, the law mandated that all public buildings must be retrofitted to provide access and new buildings must also be accessible. In practice, however, buildings were rarely accessible to persons with disabilities, including several government buildings. Republika Srpska had comparable laws for public accessibility, but few older public buildings were accessible. Human rights NGOs continued to report that many new public buildings continued to be built without being made accessible for persons with disabilities.[48]

The Federation of BiH had a strategy for persons with disabilities for the period 2010–2014 and Republika Srpska had a strategy for persons with disabilities for 2010–2015.[49] The implementation of the social protection legislative framework remains weak in both the Federation and Republika Srpska.[50]

[5] BHMAC, “Izvještaj o Protivminskom Djelovanju u Bosni i Hercegovini za 2015. Godinu” (“Report on Mine Action in Bosnia and Herzegovina for 2015”), Sarajevo, 2016, p. 17. According to BHMAC, survivors who had died of other causes since the mine/ERW incident were not included in the final data. Interview with Zoran Grujić, BHMAC, in Geneva, 24 June 2010.

[7] BHMAC, “Izvještaj o Protivminskom Djelovanju u Bosni i Hercegovini za 2015. Godinu” (“Report on Mine Action in Bosnia and Herzegovina for 2015”), Sarajevo, 2016, p. 17. According to BHMAC, survivors who had died of other causes since the mine/ERW incident were not included in the final data. Interview with Zoran Grujić, BHMAC, in Geneva, 24 June 2010.

[9] Handicap International (HI), Circle of Impact: The Fatal Footprint of Cluster Munitions on People and Communities (Brussels: HI, May 2007), p. 60. Some 60 more casualties were reported during an aerial strike in which cluster munitions were used along with other weapons.

[50] EC, “Bosnia and Herzegovina 2013 Progress Report” (extract from the Communication from the Commission to the European Parliament and the Council “Enlargement Strategy and Main Challenges 2013–2014,” COM(2013)700 (final), p. 18.